[2022] KEELC 15650 (KLR)
The court determined that, since the miscellaneous suit had been withdrawn, the applicant who moved the court had died (even if substituted), and the process of execution was still ongoing in the main file, it was appropriate that each party bear their own costs in respect of the miscellaneous application. The...
Source-derived case information.
- Citation
- [2022] KEELC 15650 (KLR)
- Parties
- Plaintiff: Humphrey Njuru Karanja; Defendant: John Mwangi King’Ori; Defendant: County Government Of Nairobi
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Miscellaneous Application E100 of 2020
- Procedural Posture
- Miscellaneous Application / Ruling on Costs After Withdrawal of Suit
- Outcome
- Each party to bear their own costs in respect of the miscellaneous application.
- Judges
- LN Mbugua
- Legal Topics
- Costs Award, Withdrawal of Suit, Party and Party Bill of Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Humphrey Njuru Karanja
Plaintiff
John Mwangi King’Ori
Defendant
County Government Of Nairobi
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Costs After Withdrawal of Suit
Legal Issues
- 1 Whether costs should be awarded to any party following the withdrawal of the miscellaneous application.
- 2 Whether the absence of submissions affects the determination of costs.
Ratio Decidendi
The court determined that, since the miscellaneous suit had been withdrawn, the applicant who moved the court had died (even if substituted), and the process of execution was still ongoing in the main file, it was appropriate that each party bear their own costs in respect of the miscellaneous application. The absence of submissions from either party did not preclude the court from exercising its inherent jurisdiction to make a just order on costs. The court was guided by the principle that costs are at the discretion of the court and, in the circumstances, no party should be burdened with the other's costs for this withdrawn application.
Court Disposition
Each party to bear their own costs in respect of the miscellaneous application.
Orders
- Each party is to bear their own costs in so far as this miscellaneous file No. E100/2020 is concerned.
Full Case Text
Judgment text and source record
21 paragraphs
Karanja v King’ori & another (Environment and Land Miscellaneous Application E100 of 2020) [2022] KEELC 15650 (KLR) (20 December 2022) (Ruling)
Neutral citation: [2022] KEELC 15650 (KLR)
Republic of Kenya
In the Environment and Land Court at Nairobi
Environment and Land Miscellaneous Application E100 of 2020
LN Mbugua, J
December 20, 2022
Between
Humphrey Njuru Karanja
Plaintiff
and
John Mwangi King’Ori
1st Defendant
County Government Of Nairobi
2nd Defendant
Ruling
1. This miscellaneous file was filed as a reference in relation to party and party bill of costs whereby the applicant (1st defendant) was seeking a stay of execution of the judgment in ELC 193/2007. However this miscellaneous suit was marked as withdrawn on July 4, 2022 and parties were to submit an issue of costs. The court also gave directions that any other application was to be filed in the main file ELC 193 of 2007.
2. The directions given on July 4, 2022 on submissions were that the same were to be filed and served simultaneously by August 4, 2022. On October 5, 2022, counsel E Gaturu averred that they had duly filed and served their submissions. However, when I embarked to write the ruling in mid November 2022, I found no submissions in the court’s digital platform (CTS), nor were there any hard copies in the court file.
3. In the Supreme Court of Kenya case of Baridi Felix Mbevo v Musee Mati & 2 others [2021] eKLR, it was stated that;“It is trite that we have an inherent jurisdiction to make orders on costs. In the Jasbir Singh Rai case at paragraph 11, This court established that costs fall under the inherent powers of the court ….”
4. I have taken into consideration that the person who moved the court in this miscellaneous suit has since died, even if he was substituted. I have also taken into consideration that the process of execution is still under way in the main file ELC 193 of 2007. In the circumstances, I give orders that each party is to bear their own costs in so for as this miscellaneous file No. E100/2020 is concerned.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 20TH DAY OF DECEMBER, 2022 THROUGH MICROSOFT TEAMS.LUCY N MBUGUAJUDGEIn the presence of:-E Gaturu for the plaintiffM/s Matunda for 2nd defendantChege for 1st defendantCourt assistant: Eddel